TheSeaLocust's 1L Anxiety Meditation Retreat & Spa Forum

[kay2016]

What the hell does estoppel mean? I can't wrap my head around the definition and it's driving me nuts.

My civ pro professor explained promissory estoppel as "stopping the other side from claiming it was a promise to get out the contract "

[Easy-E]

Thank you guys, very helpful. I just couldn't get a concrete idea of what the word implied.

[thesealocust]

It does come up in a few different legal contexts. Collateral estoppel is a civ pro concept, promissory estoppel is a contracts one. But in both cases it basically does mean "no take backs."

[Easy-E]

It does come up in a few different legal contexts. Collateral estoppel is a civ pro concept, promissory estoppel is a contracts one. But in both cases it basically does mean "no take backs."

Cool, thanks man. So an "easement by estoppel" would occur in a situation where someone sold land who made it appear as though (misrepresents) there was an easement (access to road lets say) when in reality there was no explicit easement, like maybe they just told the buyer "oh yeah sure you can drive right through there". Is this when easement by estoppel applies?

[Danger Zone]

It does come up in a few different legal contexts. Collateral estoppel is a civ pro concept, promissory estoppel is a contracts one. But in both cases it basically does mean "no take backs."

Cool, thanks man. So an "easement by estoppel" would occur in a situation where someone sold land who made it appear as though (misrepresents) there was an easement (access to road lets say) when in reality there was no explicit easement, like maybe they just told the buyer "oh yeah sure you can drive right through there". Is this when easement by estoppel applies?

Yep exactly. Like if I was selling you land and said that you could use the road through my property to get to the land you are purchasing, but then didn't include that in the deed. The court will tell me to pound sand if I (or my successors) try to put up a gate or block the road in some other way.

ETA: I've been informed that my analysis above is not substantively correct in property law doctrine, but I'm leaving it up to hopefully give some insight into what "estoppel" means.

[stillwater]

It does come up in a few different legal contexts. Collateral estoppel is a civ pro concept, promissory estoppel is a contracts one. But in both cases it basically does mean "no take backs."

Cool, thanks man. So an "easement by estoppel" would occur in a situation where someone sold land who made it appear as though (misrepresents) there was an easement (access to road lets say) when in reality there was no explicit easement, like maybe they just told the buyer "oh yeah sure you can drive right through there". Is this when easement by estoppel applies?

Yep exactly. Like if I was selling you land and said that you could use the road through my property to get to the land you are purchasing, but then didn't include that in the deed. The court will tell me to pound sand if I (or my successors) try to put up a gate or block the road in some other way.

ETA: I've been informed that my analysis above is not substantively correct in property law doctrine, but I'm leaving it up to hopefully give some insight into what "estoppel" means.

VIVA LA PROPERTY!!!!!!!!!!

[brotherdarkness]

.

[sinfiery]

I'm constantly behind on my reading. It's an emergency so I triage:

— Read the BLL (Restatements Torts & Contracts; UCC; Model Penal Code; Statutes for CivPro)
— If I have time, I skim the notes on the material in the casebooks;
— If I have more time, I skim the actual cases in the casebooks.

Am I doing this right?

I hate being totally confused in class, but at least the BLL orients me to WTF is being discussed.

How much of the the UCC in contracts and the MPC in Crim do you focus on?

Do you just focus on the specific ones that are mentioned with the reading/in class??

[Danger Zone]

VIVA LA PROPERTY!!!!!!!!!!

Damnit, sw

[ThinkNegative]

I'm constantly behind on my reading. It's an emergency so I triage:

— Read the BLL (Restatements Torts & Contracts; UCC; Model Penal Code; Statutes for CivPro)
— If I have time, I skim the notes on the material in the casebooks;
— If I have more time, I skim the actual cases in the casebooks.

Am I doing this right?

I hate being totally confused in class, but at least the BLL orients me to WTF is being discussed.

How much of the the UCC in contracts and the MPC in Crim do you focus on?

Do you just focus on the specific ones that are mentioned with the reading/in class??

Pretty much just the ones mentioned in the reading / in-class. Profs in both classes assign them along with the casebook.

[desiballa21]

So.. picking an elective for next semester and was wondering if y'all had any input on whether to take a class w/ a take home 8 hour or an in-class? Also, one of the classes has graded online quizzes throughout the semester. Thoughts?

[thesealocust]

So.. picking an elective for next semester and was wondering if y'all had any input on whether to take a class w/ a take home 8 hour or an in-class? Also, one of the classes has graded online quizzes throughout the semester. Thoughts?

Anxiety Meditation Retreat & Spa does not provide course selection advice

My thoughts are that you'll be fine whatever you choose.

[espressocream]

I have finals in a month. wtf.

[kay2016]

I have finals in a month. wtf.

[stillwater]

I have finals in a month. wtf.

finals are fun. swing for the fences.

[JazzOne]

I have finals in a month. wtf.

finals are fun. swing for the fences.

+1

Swing away. Now or never.

[MKC]

Seriously, those anal retentive fucks who created ICW need to chill out. Spaces must be italicized correctly? Are you fucking kidding me?

[Danger Zone]

Seriously, those anal retentive fucks who created ICW need to chill out. Spaces must be italicized correctly? Are you fucking kidding me?

If you make it on to a journal, you'll get to keep caring about that for another couple years. Yay!

[thefuturenow]

Shhh. There there.

Show me on this doll where 1L touched you.

LoL. Dead.

[alicrimson]

I'm constantly behind on my reading. It's an emergency so I triage:

— Read the BLL (Restatements Torts & Contracts; UCC; Model Penal Code; Statutes for CivPro)
— If I have time, I skim the notes on the material in the casebooks;
— If I have more time, I skim the actual cases in the casebooks.

Am I doing this right?

I hate being totally confused in class, but at least the BLL orients me to WTF is being discussed.

How much of the the UCC in contracts and the MPC in Crim do you focus on?

Do you just focus on the specific ones that are mentioned with the reading/in class??

Before getting hung up on specific portions of the code, ask your prof specifically what you need. I know first year, my prof wanted MPC and common law. Some crim classes were not obligated to do both. The same goes for UCC v. Restatement. We did tons of UCC, but also are able to take sales later. I took that 2L and many of my classmates did not focus heavily on the UCC in contracts. Like anything, statutes are very professor specific. Also, get a feel for whether you have to cite to these provisions or if you can just generally talk about them.

When in doubt, or even if you already know, get a professor to go over what they want in office hours. If they'll look over an exam answer from a practice exam, even better. There is no question that is too stupid. I like to go to office hours, ask questions (even if they feel dumb), and then get the correct answers on the exam. Don't let anyone make you feel stupid for attending office hours. If you don't understand something and are too afraid to go to office hours or think you're too smart for them, that's the stupid move.

I say this often, I think law school exams are extremely learnable. I'm by no stretch the brightest crayon in the box (bottom 25% lsat for my school), yet I am currently and will likely (3L) finish in the top 5 in my class. You don't have to be a genius to get this stuff. If you put in the work and do the practice exams, you'll likely be just fine.

[espressocream]

I have finals in a month. wtf.

[Dogg]

I have finals in a month. wtf.

5 weeks here
dat extra week

[06102016]

..

[thesealocust]

Hang in there team. It might get more stressful now, but you're also going to have a better and better grasp on things and will be able to put in much more useful effort from now until finals.

[chem!]

I got my open memo/final exam in LRW on Thursday, and have made very little headway on one issue. Frustration abounds.